Oklahoma § 82-687 - Forms and suggestions

§ 82-687. Forms and suggestions

The following forms may suffice to illustrate the character of

the procedure contemplated by this act; and if substantially

complied with, those things being changed which (to meet the

requirements of the particular case) should be changed, such

procedure shall be held to meet the requirements of this act.

Oklahoma Statutes - Title 82. Waters and Water Rights

I. Form of Notice of Hearing on the Petition: To all persons

interested, public notice is hereby given:

(1) That on the ...... day of .......... 19.., pursuant to the

provisions of the Conservancy Acts of Oklahoma, there was filed in

the office of the court clerk of the district court of ............

County, Oklahoma, the petition of ...... and others for the

establishment of a conservancy district to be known as ............

Conservancy District. (Here insert the purposes.)

(2) That the lands sought to be included in said district

comprise lands in .......... and ........ counties, Oklahoma,

described substantially as follows: (Here insert description of

land.)

(3) That a public hearing on said petition will be had in said

court on ............ the .......... day of ........ at the hour of

........ o'clock .. M., by the district court of .......... County,

at the court house in the city of ........ , ........ County,

Oklahoma.

All persons and public or private corporations owning or

interested in real estate or other freeholders within the territory

hereinbefore described will be given the opportunity to be heard at

the time and place above specified, as to whether said district

should be established or not.

..............,

Court Clerk of .......... County, Oklahoma. Dated ........

Oklahoma, .......... 19....

II. Form of Finding on Hearing: The court at its discretion

may order the formation of said conservancy district in following

form substantially:

State of Oklahoma, .......... County, ss:

In the district court of .......... County.

In the matter of .......... Conservancy District.

On this ...... day of ........ 19... this cause coming on for

hearing upon the petition of .......... and others, for the

organization of a conservancy district under the Conservancy Act of

the State of Oklahoma, the court after a full hearing now here

finds:

(1) That it hath jurisdiction of the parties to, and the subject

matter of this proceeding.

(2) That the purposes for which said district is established

are: (Insert the purposes.)

And that it is a public necessity.

(3) That the public safety, health, convenience and welfare will

be promoted by the organization of a conservancy district

substantially as prayed in said petition (if additional lands are

added by petition) except that the following additional lands at the

petition of the owners thereof should be, and hereby are included in

said districts: (Here insert additional lands.)

Oklahoma Statutes - Title 82. Waters and Water Rights

(4) That the general boundaries of said district until

specifically delimited by the viewers and engineers are as follows:

(Here insert boundaries of district.)

(5) That the said territory last above described should be

erected into and created a conservancy district under the

Conservancy Act of the State of Oklahoma under the corporate name of

........ Conservancy District.

Wherefore, it is by the court ordered, adjudged and decreed:

That the territory as above described be, and the same hereby is

erected into and created a conservancy district, under the

Conservancy Act of Oklahoma under the corporate name of ..........

Conservancy District, with its office and principal place of

business at .........., in .......... County, Oklahoma.

(If directors are appointed at the same time)

And the following persons are hereby appointed directors of said

conservancy district, until their successors are elected and

qualified:

.....................

.....................

.....................

who are hereby directed to qualify and proceed according to law.

For consideration of other matters herein, this course is

retained on the docket.

....................

Judge.

III. Form of Notice to Property Owners to Pay Assessment:

.............. Conservancy District.

To All Persons Interested,

Public Notice is Hereby Given:

(1) That on the ........ day of .......... 19..., the board of

directors of Conservancy District No......... levied an assessment

on all the property in said district in the aggregate sum of $......

and has caused the same to be extended upon the assessment

duplicate, which is now in collection by the county treasurer of the

county in which the lands are situated.

(2) That the entire assessment against any parcel of land may be

paid at any time on or prior to ........ 19... without costs and

without interest.

(3) That as soon after ......... day of ........... 19..., as

conveniently may be, the board of directors of said district will

divide the uncollected part of said assessment into convenient

installments, and will issue bonds bearing interest not exceeding

eight and one-half percent (8 1/2%) per year in anticipation of the

collection of the several installments of said assessment, pursuant

to the Conservancy Act of the State of Oklahoma.

....................

President.

Oklahoma Statutes - Title 82. Waters and Water Rights

....................

Secretary.

IV. Form of Bond and Coupon:

No...............

$...............

UNITED STATES OF AMERICA.

State of Oklahoma.

............. Conservancy District.

CONSERVANCY BOND.

KNOW ALL MEN BY THESE PRESENTS:

That ............... Conservancy District, a legally organized

conservancy district of the State of Oklahoma, acknowledging itself

to owe and for value received hereby promises to pay to bearer

............. Dollars ($..........) on the first day of ..........,

19...., with interest thereon from the date hereof until paid at the

rate of ........ percent (....%) per year, payable ...........

19...., and semiannually thereafter on the first day of .........

and of ......... in each year on presentation and surrender of the

annexed interest coupons as they severally become due. Both

principal and interest of this bond are hereby made payable in

lawful money of the United States of America, at the fiscal agency

of the State of Oklahoma, in the city of New York.

(Here insert a concise and condensed statement of the

proceedings up to the issuing of the bond.)

This bond is one of a series of bonds issued by Conservancy

District No. .... for the purpose of paying the cost of constructing

a system of flood prevention (or for the other works) for said

district and in anticipation of the collection of the several

installments of an assessment duly levied upon lands within said

district and benefited by said improvement in strict compliance with

the Conservancy Act of Oklahoma, and pursuant to an order of the

board of directors of said district duly made and entered of record.

And it is hereby certified and recited that all acts, conditions and

things required to be done in locating and establishing said

district and in equalizing appraisals of benefits and in levying

assessments against lands benefited thereby, and in authorizing,

executing and issuing this bond, have been legally had, done and

performed in due form of law; that the total amount of bonds issued

by said district does not exceed ninety percent (90%) of the

assessments so levied and unpaid at the time said bonds are issued

or any legal limitation thereof.

And for the performance of all the convenants and stipulations

of this bond and of the duties imposed by law upon said district for

the collection of the principal and interest of said assessments and

the application thereof to the payment of this bond and the interest

thereon, and for the levying of such other and further assessments

as are authorized by law and as may be required for the prompt

payment of this bond and the interest thereon, the full faith,

Oklahoma Statutes - Title 82. Waters and Water Rights

credit, and resources of said Conservancy District No. ......... are

hereby irrevocably pledged.

IN TESTIMONY WHEREOF, The board of directors of ........

Conservancy District has caused this bond to be signed by its

president and sealed with the corporate seal of said district,

attested by its secretary, and registered by the State Auditor and

Inspector of the State of Oklahoma, and the coupons hereto annexed

to be executed by the facsimile signature of said president and

secretary, as of the ...... day of ...... 19....

....................

President

Attest: ....................

Secretary.

FORM OF COUPONS.

No. ...............

$ ...............

On the first day of ......... 19..., ......... Conservancy

District promises to pay the bearer ......... Dollars ($........)

lawful money of the United States of America, at the office of the

......... being semiannual interest due on that date on its

conservancy bond dated ......... 19...., No. ......

..........................

President.

..........................

Secretary.

V. Forms of Notice of Enlargement of District:

State of Oklahoma, County of ...........ss:

In the district court of ......... County.

In the matter of ........... Conservancy District.

NOTICE OF ENLARGEMENT OF DISTRICT.

To all persons and public or private corporations interested:

Public Notice Is Hereby Given:

(1) That heretofore on the ....... day of ............, 19....,

in the district court of ......... County of Oklahoma, duly entered

a final decree erecting and creating ......... Conservancy District

and appointing a board of directors therefor.

(2) That thereafter this court duly appointed:

..............

..............

..............

to be the board of appraisers for said district; that said board of

appraisers on the ....... day of ..........., 19...., filed their

report recommending the following described lands not originally

included in the district, be added thereto: (Here describe

generally the lands which the report of the board of appraisers

recommends should be added to the district.)

(3) That on ........... the ....... day of ........... 19... (or

as soon thereafter as the convenience of the court will permit) at

Oklahoma Statutes - Title 82. Waters and Water Rights

the court house in .......... Oklahoma, the district court of

.......... County, Oklahoma, will hear all persons and public or

private corporations who are owners of or interested in the property

described in this notice upon the question whether said lands should

be added to and included in said Conservancy District.

...............................

Court Clerk, District Court,

.............. County, Oklahoma.

FORM OF CERTIFICATE OF LEVY OF

ASSESSMENTS:

State of Oklahoma, County of ........................... ss:

To the County Clerk and County Assessor of ............ County,

Oklahoma:

This is to certify that by virtue and under the authority of the

Conservancy Act of Oklahoma, the board of directors of ..........

Conservancy District have and do hereby levy the sum of

............... Dollars ($........) which said assessment bears

interest as provided by law and is payable in installments, with

interest as follows: (Here insert.)

You are further notified that for the account of the maintenance

fund, for the year 19.... , this board has levied the sum of

............. Dollars ($..........)

The amounts of said levies upon the several parcels of land upon

which the same are imposed are set forth upon the schedule hereto

attached, marked ......... Conservancy District Assessment Book. The

said assessment shall be collectable and payable the present year in

the sums herein specified at the same time that the state and county

taxes are due and collectable and you are directed and ordered to

warrant and require the treasurer of ........... County, Oklahoma,

to demand and collect such assessments as provided by law, and this

Conservancy Assessment Book shall be your authority and the

authority of the treasurer to make such collections.

Witness, the signature of the president of said board of

directors, attested by the seal of said corporation and the

signature of its secretary, this the ......... day of .........

19....

....................

President.

(SEAL)

....................

Secretary.

Laws 1967, c. 382, § 21, emerg. eff. May 23, 1967.